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News and discussion on implementing risk management

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Intellectual Property, IP

Copyright year in review 2016

This article highlights noteworthy Canadian copyright law decisions and developments from 2016.

 

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Selecting software to help manage user access risk

I believe software is essential in managing user access risk, not only for SOX but also for other business risks. In fact, the potential harm from inappropriate access is typically greater for other business risk (such as the possibility of disruption of activities such as revenue generation or manufacturing, reputation risk, and the protection of valuable intellectual property) than it is for SOX.

 

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Not–for–profits and charities: 4 New Year’s resolutions

Many people feel that New Year’s resolutions are passé, particularly since so many resolutions go unachieved each year. But, a resolution is essentially a plan to tackle something of importance, and planning is often half the battle. The following are 4 resolutions that can help strengthen charities and other not–for–profits in 2017.

 

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Cybersecurity: CSA issues new guidance

Cybersecurity is top of mind for corporate boards and securities regulators alike. On September 27, 2016, the Canadian Securities Administrators (CSA) issued CSA Staff Notice 11-332 – Cyber Security (2016 Notice). The 2016 Notice updates the CSA’s previous notice on the same topic, CSA Staff Notice 11-326 Cyber Security for reporting issuers, registrants and regulated entities.

 

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Cyber risk and audit

Clearly, cyber risk and audit is the topic of the day, if not the year and decade. The leader of Protiviti’s IT audit practice, David Brand, has weighed in with “Ten Cybersecurity Action Items for CAEs and Internal Audit Departments”. He has some valuable ideas that merit consideration, not only by internal auditors, but by security professionals, boards, risk officers, and more broadly among the executive group. I will let you read his post and suggested action items.

 

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Canadian Competition Bureau releases significant updates to its IP Enforcement Guidelines

On March 31, 2016, the Competition Bureau released revised Intellectual Property Enforcement Guidelines (IPEGs). These IPEGs reflect incremental changes to the draft version released for consultation last year. Most notably the new IPEGs provide further guidance on (i) pharmaceutical patent litigation settlements, (ii) product switching (also known as “product hopping”), (iii) collaborative standard setting and standard essential patents, and (iv) patent assertion entities.

 

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The art of restraint

A restrictive covenant is a class of legal “promise” imposing a restriction on one party for the benefit of another. When drafted correctly, restrictive covenants are an invaluable tool to protect your business.

 

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Seggie v. Roofdog Games Inc.: Who is the author of videogame software for copyright purposes?

Last December, the Quebec Superior Court issued its decision in Seggie v. Roofdog Games Inc.[1], in which it attempted to clarify the notion of co-authorship (and by implication, copyright ownership) of a videogame. This case marks the first time that the issue of authorship of a videogame was ever considered by a Canadian court (and one of the very few Canadian cases to consider authorship of software more generally).

 

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Marketing to Canadians – A plethora of regulatory considerations

Businesses marketing to Canadians may be surprised at the number and scope of laws that may impact marketing efforts. Previous Releases provided updated coverage of some of these laws, including privacy and anti-spam laws. This Release updates Policy OP 6.12 – Do Not Call Registry, which includes coverage of the Unsolicited Telecommunications Rules that govern telemarketing activities. Listed below are 7 of the many considerations that businesses marketing to Canadians must consider. Some will be explored in detail in upcoming Releases:

 

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Ransomware threat to Canadian businesses broadens

Recent hacker attacks — including the first successful attack on an Apple computer, and several attacks on U.S. and Canadian hospitals — have reminded Canadian businesses of the need to be vigilant about the danger posed by ransomware.

 

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Yelp! – How do I deal with negative online reviews?

Every business knows that online reviews matter. They are today’s equivalent of “word of mouth”. It is to be expected that most businesses will, at some point, receive negative reviews online. After all, unhappy consumers tend to want to share their negative experience with the world. Those negative reviews may have a great impact on the business’ financial success or failure.

 

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Bill C-13: Lawful access and the relationship between organizations, cyber-bullying and the protection of privacy rights

On December 9, 2014, Bill C-13, An Act to amend the Criminal Code, the Canada Evidence Act, the Competition Act and the Mutual Legal Assistance in Criminal Matters Act (Act) – also known as the Protecting Canadians from Online Crime Act –, received the royal assent. The Act came into force on March 9, 2015.

 

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Intellectual property belongs to employer despite contract dispute

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When an employment relationship involves intellectual property created by an employee, the employer must take special care in the employment contract to consider who owns the IP.

 

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Let’s go crazy: How a dancing baby changed online copyright law

When Stephanie Lenz took a video of her cute baby dancing to the song Let’s Go Crazy by Prince, she could not have anticipated that the video would change the law of online copyright infringement.

 

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Office of the Information and Privacy Commissioners bring your own device program guidelines

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Using personal devices at work to conduct business (BYOD or “bring your own device”) has become commonplace in the last couple of years. Employers are implementing BYOD policies left, right and centre to try to control the privacy challenges this practice can bring about when employers access these devices to protect their data contained on them.

 

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